Hi All I was just wondering if anyone had any experiences of taking these statin drugs prescribed by doctors to lower cholesterol and whether they felt they had done them any good or not or whether they had any side effects ?,I have extremly high blood pressure and have to take several blood pressure tablets to lower it now,However my cholesterol is gradually getting higher over years and has now reached 7,which is apparently over the ideal range which is apparently 5,The doctor keeps prescribing me statins and tells me that as i have very high blood pressure it is very important to take them to lower cholesterol However i am terified of taking them as i have heard so many strange things on internet about them ie that they can cause depression forgetfullness muscle weakness and aches and pains,I also am worried that they may encourage weight gain as i am overweight,Does any one have any positve experiences of taking them? ,i just can not being myself to take them at moment and they are festering in my cubboard as i am terrified they will make me get fatter or affect my mind!

I am so sad to hear this.I saw many of his posts and he was so helpful to many peope on here ,He will be greatly missed,

LoL!:lol::lol: As Beachy says the same old drivel churned out over and over again! Hi Miss worry Do you want us to rserve a place on the coach if the crapital one fan club ever get an invite over to their offices to view our alleged agreements! I think i really upset them as i never heard from them again !

Welcome to the Cag Crapital fan club Drederick Tatum! I hope you find my thread useful and a help in fighting them off!

Lol! A great idea! Will be interesting to see crapital ones reply!

I am so glad you got capquest off your case! As i was saying as long as you show these leeches you know your rights they often back down and though it a bit of a drag and repetive writing all the same letters over and over again it is worth it when you manage to see another DCA bite the dust and in many cases it does get better as once they played pass the parcel with your account amongst the leeches they tend to evntually give up and leave you in peace ionce they realise you will not let your self be intimidated and bullied! i bet they hate it when they see they have got a cagger on their books!

Hi Pdaddy Must admit i have never gone down the road of default removal but like Beachy says i dont want any more credit and at least while i got these defaults i know you may think i am mad but i think in a funny sort of way they doing me a back handed favour as at least it will avoid me being tempted by more credit which is what got me in such a mess I am in today and i know i can not be trusted with a credit card so in a way it is a relief i will not be tempted as i was a bit of a sucker for credit cards ! and a good thing that my defaults will make sure i am not tempted for several years! It is really awful how credit cards are still pushed at us though even now when you would think banks and shops would have learnt a few lessons about irresponsible lending!,Everytime i go in a shop somebody even now tries to give me one of the dratted things! and i keep having to tell people that i dont want another dratted credit card!

Well done DD! I am proud of you! and great you got a decent judge! :D:D

Hi Pdaddy How are things going?

Hi Missworry Just that if they take longer than 12 working days though they have not committed a crininal offence they have still done wrong by keeping you waiting over that time and they are supposed to supply agreement witthin 12 working days and another thing you can point out of their wrong doings in any letter you send!

Hi Beachy Hello to you too! Thanks for all your help with this thread!

Hi Missworry Try not to worry though I know it difficult . many cag crapital one fan club caggers have successfully seen of capquest/Hl Legal,:DBut you just have to be prepared that capquest/HL legal will try it on and think they can frighten you into paying and unfortunatly it will involve a letter war to show them you know your rights,Unfortunatly they are unlikely to back of after fist letter disputing cca but you will still need to send it to show them you fully aware of rights and respond to all the theats they make as you must be prepared that you will be threatened with all kinds of threats including home visits legal action phone calls but just remember most caggers manage to see them off when they follow advice on cag ..So if i were you i would get one of the above letters amended to suit of to capquest to show them you know your rights ASAP and then evertime you get a new letter or anything happens post it up on this thread so caggers can advise you what to write next,Capquest and their scummy solictors normally eventually give up if you stand up to them but you need to respond to their threats and letter and need to send first dipute letter as soon as poosible ideally by recorded or special delivery so you got proof you sent it,After that i am sure Beaccomber will be able to advise you what follow up letters to send .If you can not get hold of Beachcomber carpinjoy is another person who sucessfully saw of capquet and got some useful letters from Beachy to send!

Dear Sir/ Madam ACCOUNT NO: ACCOUNT IN DISPUTE I am in receipt of your letter dated ------2010 In respect of documents you have supplied to me in your letter dated, -------, it would appear that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1). This however, is not so, You have provided me with a copy of an application form and I feel it is my duty to draw your attention to the following : 1: Had you wished for an APPLICATION FORM to become a properly executed Agreement, you would have ensured that the documents sent to me for signature would have carried the correct title in the prescribed form as laid down in schedule 1 of the Consumer Credit (Agreements) Regulations 1983. I.e. Credit Card Agreement Regulated by the Consumer Credit Act 1974 2: The Consumer Credit (Agreements) Regulations 1983 (S1 1983/1553) set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the S1 1983/1553; without the prescribed terms the documents you have supplied do not conform to section 60(1)1974 and therefore cannot be properly executed as described in section 61(1) Consumer Credit Act 1974. 3: Neither of the documents supplied carry any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I repeat, these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect. 4: There are no references on the document purporting to be the front page to indicate that the second document is linked in any way. This page also, is absent of any prescribed terms which would be necessary for the document to become enforceable. You should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a compliant credit agreement is a very clear dispute and as such the following applies: You may not demand any payment on the account, nor am I obliged to offer any payment to you. You may not add further interest or charges to the account. You may not pass the account to a third party. You may not register any information in respect of the account with any Credit Reference Agency. You may not issue a default notice in respect of the account. If however you do still retain a copy of the original signed Agreement with all of the prescribed terms as laid down in the regulations, then I request to be allowed to view this at your offices. You are reminded that should you choose litigation as your course of action, you will be required to provide the original document for the Court. I reserve the right to report your actions to any such regulatory bodies as I see fit, including but not limited to Trading Standards, the Office of Fair Trading, the Information Commissioner’s Office, the Financial Ombudsman and my MP. I respectfully request you review this matter in light of my comments above and I request that you supply me with the required information or alternatively confirm the account is closed and the debt written off with a zero. I look forward to your reply within 14 days. Hi Missworry I have put up a few template letters i have used in my disputes.If you send one of those amended to suit your circumtances to capquest that will be a start and show them you know your rights:) Unfortunatly crediters can and do often use a reconstitued cca to comply with a s78 request.However even if they have sort of complied with a s78 request ! it does not mean it is enforceable in court,Unfortunatly the carey case was a flawed judgemenr that seemed to confuse a s78 request with a request for a copy of an original copy of cca to prove enforceability in court .It is imprtant to realise that just because a request complies with a s78 request it does not mean it is enforceable in a court and this should be argued strongly in court if the defendant wants to use the defence that the agreement is incorrectly executed and unenforceable in a court of law.!! http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/240186-dissecting-manchester-test-case.html This is a link to PriorityOnes excellent thread about carey case! It explains it well and gives a lot of ideas and arguments that can be used! Again it is a long thread! but the more reading you do the more knowledge you will have to fight back! Also if you contact Beachcomber ! He is an expert on fighting of capquest! and is in cag crapital One fan club too! http://www.consumeractiongroup.co.uk/forum/general-debt-issues/158616-capital-one-cca.html This is Beachys thread! If you Pm him I am sure he will look in on your thread to and help with advice on Capquest as well!

Dear Sirs, Account no Re: my request under the Consumer Credit Act 1974 Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfill your requirements under the Consumer Credit Act 1974. The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter. My request remains outstanding. An unsigned credit agreement with no personal details on it, like the one you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. A blank agreement neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.[/font] I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law. You had until ??/??.2009 (12+2 working days after the request was made) to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency. To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this. The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office the time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation. To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit information industry.[/font] I expect you to write to me confirming that the account has been closed and no further action will be taken. I look forward to your reply. Yours faithfully __________________ Account In Dispute Account number Re Your recent reply under section 77-79 of the Consumer Credit Act 1974 I note that you have replied to the above by sending copies of your companies current terms and conditions.I must inform you that this is not sufficient to comply with the request and your company is still in default under the act.To clarify just sending the terms and conditions is a breach of the Act,The copy must be a true copy of the original agreement You attention is drawn to the fact that this account is subject to a serious dispute. On ----2010 I requested your company to supply me a copy of the credit agreement covering this account pursuant to the Consumer Credit Act 1974 section 78. To date you have failed to comply with my request sent by recorded delivery . Without production of the said agreement I am unable to assess if I am indeed liable for any alleged debt to you or your company, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’ as required by the Consumer Credit Act 1974 For the avoidance of any doubt I have included section 78(1) and 78(6) of the Consumer Credit Act 1974, which states… 78 Duty to give information to debtor under running-account credit agreement (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [£1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the state of the account, and (b) the amount, if any, currently payable under the agreement by the debtor to the creditor, and © the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor. (6) If the creditor under an agreement fails to comply with subsection (1)— (a) he is not entitled, while the default continues, to enforce the agreement; and (b) if the default continues for one month he commits an offence. Clearly as no agreement was supplied on request, this in no way complies with the requirements of the Consumer Credit Act 1974 and I now draw your attention to section 78 subsection 6 which states If the creditor under an agreement fails to comply with subsection (1) he is not entitled, while the default continues, to enforce the agreement; Clearly this is a situation as described in s78(6) Consumer Credit Act 1974 and the debt is unenforceable at this time. In addition, I draw your attention to section 127 (3) Consumer Credit Act 1974 which states 127(3) The court shall not make an enforcement order under section 65(1) if section 61(1)(a)(signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner). This is backed by case law from the Lords of Appeal in Ordinary (House of Lords) the highest court in the land. Your attention is drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 the agreement cannot be enforced. To clarify s61(1) states (1)A regulated agreement is not properly executed unless— (a) a document in the prescribed form itself containing all the prescribed terms and conforming to regulations under section 60(1) is signed in the prescribed manner both by the debtor or hirer and by or on behalf of the creditor or owner, and (b) the document embodies all the terms of the agreement, other than implied terms, and © The document is, when presented or sent to the debtor or hirer for signature, in such a state that all its terms are readily legible In addition the prescribed terms referred to in section 60 CCA1974 are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: - A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following— 1.Number of repayments; 2.Amount of repayments; 3.Frequency and timing of repayments; 4.Dates of repayments; 5.The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable Therefore based upon the Consumer Credit Act 1974 this debt as it stands is unenforceable and should this proceed to litigation, a court is precluded from making an enforcement order under section 127(3) unless a true copy of the signed agreement is produced.. At the point where this account entered into the default situation as described in s78 (6) CCA 1974 no other charges are allowed to be added until such time as your company become compliant with my request. As capital one are still not in compliance with my request I insist that the following takes place with immediate effect  All charges levied since Default situation as described in s78(6)CCA 1974 be removed from the account and further charges cease until such time as capital one comply fully with my original request or such time as a court makes an enforcement order  All entries which refer to missed payments be removed from my credit file  All collection activities by your company cease with immediate effect until your company comply with my request made on 27th sept 08 or such time as a court makes an enforcement order In addition, I draw your attention to the Office of Fair Trading’s guidance on debt collection The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states 2.6 Examples of unfair practices are as follows: h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment What I Require. I require that you send me a true copy of the executed agreement as required by the Consumer Credit Act 1974. If you are unable to supply the requested documentation because no such agreement is in existence I require written clarification as such. I require that you comply with my request within 7 days of the date of this letter. I will not correspond any further with you until I either receive a copy of the requested documents as laid down in section 78(1) CCA 74 or clarification that such agreement doesn’t exist. I am advised that should you persist in pursuing this debt ignoring the above information you will be in breach of the Administration of Justice Act 1970 section 40 as well No other correspondence will be accepted Should you attempt litigation it will be vigorously defended and the failure to supply documentation under the CCA 1974 is a complete defence to any legal action and your actions will be vexatious and unlawful I trust this out lines the situation

Hi missworry Like craigbadger says ! sounds like an unenforcrable, cca and Crapital ones from 2002 will be rubbish! and they destroyed the original.However you wuill need to make them aware you konw your rights as they will countinue to inist what they got is enforecable ,If i were you i would send of a account in dispute letter to capuest ASAP as Capquest can be very persistant,Lots of other caggers in Crapone fan club have seen of capquest but you wil need to send themn letters making it clear you know your rights Account Number Account In Dispute Re; Barclaycards recent reply to my request under section 77-79 of the Consumer Credit Act 1974 I am writing to say that i made a request to Barclycard on ---2009 under section 77-9 of the Consumer Credit Act 1974 for a true copy of my agreement I note that they have replied to the above by sending their companies current terms and conditions I must inform you that this is not sufficient to comply with the request and that the company is still in default under the act..I wrote to Barclaycard on ----2009 informing them of this. To clarify, just sending the terms and conditions is a breach of the Act and Regulations as, apart from the information that the Regulations provide that you may exclude, the copy must be a "true copy" of the agreement. This breach of the agreement can be demonstrated as follows; As you will know section 180(1) (b) authorises, "the omission from a copy of certain material from the original, or the inclusion of certain material in condensed form." This refers to statutory instruments made under the heading Copies of document regulations and in this care in particular to SI 1983/1557. Before leaving section 180 there are two other sections that should be remembered these are: Section 2(2) (a) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not satisfied unless the copy supplied is in the prescribed form and conforms to the prescribed requirements; And more importantly Section 2(b) A duty imposed by any provision of this Act (except section 35) to supply a copy of any document is not infringed by the omission of any material, or its inclusion in condensed form, if that is authorised by regulations. You will see that this quite clearly states that whilst certain items may be left out of the copy document the rest of the document must be in the form and contain all items as prescribed by the regulations. Turning to the regulations regarding what may be omitted from these copies these are contained with SI 1983/1557. The regulations state: (2) There may be omitted from any such copy- (a) any information included in an executed agreement, security instrument or other document relating to the debtor, hirer or surety or included for the use of the creditor or owner only which is not required to be included therein by the Act or any Regulations thereunder as to the form and content of the document of which it is a copy; (b) any signature box, signature or date of signature (other than, in the case of a copy of a cancelable executed agreement delivered to the debtor under section 63(1) of the Act, the date of signature by the debtor of an agreement to which section 68(b) of the Act applies); It is quite clear what can be omitted from the copy document, this again asserts that all other details of the agreement should presented in form and content as required by the regulations. The requirements of the Agreement regulations 1983/1553 are very explicit in describing the form and content of an agreement and this as I have demonstrated also applies to the copy of any such agreement with the above mentioned proviso. Nowhere within these regulations does it state that part of the agreement can be presented on a separate document headed terms and conditions. It does state that all terms and conditions should be within the agreement document and is explicit of the form in which it is presented. I hope this explains why your reply was unacceptable I await a True copy of my agreement and would remind you again that whilst the request has not been complied with the default continues Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date. Furthermore, should it be your intention to arrange a "doorstep call", please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384 . per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Yours Faithfully

Hi missworry I am a bit confused !which paper is the one you signed? All i can see is a letter and some unsigned ts asnd cs, Are you saying these ts and cs were signed at bottom ? To be correctly executed a cca should have signature on same document as ts and cs and Crapital one i have heard on good authority have destroyed a lot of original agrements drawn up before 2004 and possibly even later! so crapital one mainly only got microfilches, Those ts and cs you got are not signed are they? could you indicate which paper is signed? As yours is a bit strange as normally they try and fob people off with a signed application form sent along with some ts and cs they imply are on reverse from cards taken out in your year? http://www.consumeractiongroup.co.uk/forum/general-debt-issues/162851-consumer-credit-agreements-guide.html The above link is a great thread produced by one of the site managers about ccas and worth a read http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/172543-just-recieved-signed-capital.html This is my crapital one thread! i am afraid it is quite a long thread! but it does conatain quite a lot of information about crapital one alleged agreements and various other peoples experiences with crapital one! May be of help to you too!

Hi Jailbird! We talked that one up talking about boobs in chillers! I just got a summons for my routine mammogram today for being over 50!:eek:

Hello Hello Hello!!

Hi Rev IanThanks for confirming it against OFT guidlines to use more than one DCA agency to chasesomeone for a debt as i think Pdaddy said he had both Capquest and frrdricksons after him at one point ,.I thought that was the case but was not a 100% sure,Though some of the DCAs mentioned are chasung his wife for her crapital one credit card too!as he has combined his wifes and his own crapital one card wars problems together on same thread,

well spotted Dqtty!

Good on you! Glad you giving them as good as you get!

This thread is now truning into a thread about irresponsible lending !LOL

LOL! CitB I suppose i am being a bit naive expecting Halifax to be reasonable!

Looking at my outgoings above they put on above application which was very hurriedly gone over the phone so outgoings could even have been more than that as it difficult to remember everything when doing this by phone and was not expecting to go through an application for a credit card! on that phone call with some one pleading with me to take a Halifax card at a very vulnerable time when Christmas appraching I on a low income and a husband on incapacity benefit .So whole process was a very hurried affair over phone so could easily have forgotten or missed something but even going by the info of my outgoing for other loans in above form it should be obvious that they should not have been tempting me to get into further credti going by those fiqures,I mean by husband is listed there as having no income and i only earning about approx £11,000 and had the huge sum of at least £550 going out every month and maybe more if i had forgotten anything and on top of this of course all our other living expenses for food and house keeping ,fares to work gas electricity Phone water tates council tax to name a few,So at time Halifax was taking into acount i had at least £550 going out in loans .Well considering i ments ,so they should have seen that i would have terrible problems being tempted to use their credit card and owing more money on top of that ,I looked at a few of my bank statements from the time i got my Hlaifax card agreement and saw that many months i was only getting about £770 take home pay a months,So i was already having a ,lot of my salary eaten up in loans and not had much over for living expenses,So i could be argued that this was a case of irresponsible lending even form the date they first drew up my Halifax credit card agreement!

Hi RMW Sorry to hear you having problems with them acknowledging payments! It does make me wonder if they do it on purpose to confuse us and get more money out of us:mad: At least if it goes to court now as well as demonstrating irreponsible lending and a not very legible CCA.I will also be able to say that they not behaving resaonably by not giving me statements and acknowledgements of payments so i can see progress of debt and comfirmation of debt going down and that Barmy orrible and stuppid keeping their word and no charges and interest being added.